-MUST BE TEMPORARY AND LAST NO LONGER THAN IS NECESSARY TO RESOLVE THE REASON FOR THE STOP.

-A DETENTION LEGAL AT ITS BEGINING CAN BECOME AN ILLEGAL ARREST IF EXTENDED BEYOND WHAT IS REASONABLY NECESSARY UNDER THE CIRCUMSTANCES.

-OFTEN WHAT OFFICERS SEE AND HEAR DURING A DETENTION WILL INCREASE THEIR SUSPICION, JUSTIFY A LONGER DETENTION, LEAD TO INVESTIGATION OF A DIFFERENT OFFENSE, OR POSSIBLY EVEN PROVIDE PROBABLE CAUSE FOR ARREST.

-IF THE PERSON ANSWERS ALL QUESTIONS ABOUT THE SUSPICIOUS CIRCUMSTANCES SATISFACTORILY, SO THAT SUSPICION DECREASES OR DISAPPEARS, THE PERSON MUST BE RELEASED.

WHAT IS TRANSPORTING A PERSON DURING DETENTION?

-THE PERSON IS CONSIDERED UNDER ARREST IF TRANSPORTED, WITHOUT CONSENT, BY A PEACE OFFICER TO A DIFFERENT LOCATION.

-OFFICERS SHOULD NOT TRANSPORT A PERSON DURING A DETENTION UNLESS:

1.THE DETAINEE GIVES PERMISSION

2.IT IS IMPRACTICAL TO BRING THE WITNESS/VICTIM TO THE DETAINEE'S LOCATION

3.THE CONDITONS OF THE DETENTION ARE DANGEROUS TO THE PERSON OR OFFICER OR

4.INDEPENDENT PROBABLE CAUSE EXISTS TO ARREST THE SUBJECT

WHAT IS REFUSAL TO ANSWER QUESTIONS?

-A DETAINEE IS NOT OBLIGATED TO ANSWER ANY QUESTIONS AN OFFICER MAY ASK DURING A LAWFUL DETENTION.

-THE REFUSAL TO ANSWER QUESTIONS ALONE DOES NOT PROVIDE PROBABLE CAUSE FOR ESCALATING A DETENTION TO AN ARREST, NOT ANSWER QUESTIONS IS NOT A VIOLATION OF THE LAW.

WHAT IS SEARCHES AND SEIZURES DURING A DETENTION?

-CURSORY/PAT SEARCHES ARE ALLOWED TO PROTECT OFFICERS FROM AN ASSAULT, BUT ONLY IF THERE ARE SPECIFIC FACTS THAT CAUSE THE OFFICERS TO FEEL ENDANGERED. THE SCOPE OF SUCH A SEARCH IS LIMITED ONLY TO:

1.A FRISK OF THE OUTER CLOTHING

2.LOCATE POSSIBLE WEAPONS

3.A PAT SEARCH IS NOT A SEARCH FOR EVIDENCE OR CONTRABAND

-ONCE OFFICERS REALIZE AN OBJECT IS NOT A WEAPON, OR AN OBJECT THAT CAN BE USED AS A WEAPON, THE OFFICER MAY NOT FURTHER MANIPULATE THE OBJECT, THEY MUST MOVE ON.

-ANY ADDITIONAL FEELING, GRABBING, OR MANIPULATING OF THE ITEM IS OUTSIDE THE SCOPE OF A CURSORY/PAT SEARCH FOR WEAPONS AND WILL BE CONSIDERED AN ILLEGAL SEARCH.

WHAT ARE THE FACTORS TO REASONABLY BELIEVE THE PERSON MIGHT BE CARRYING A WEAPON OR DANGEROUS INSTRUMENT?

-PERSONS CLOTHING(BULGE IN CLOTHING, WEARING A HEAVY COAT)

-PERSONS ACTIONS

-PRIOR KNOWLEDGE OF PERSON FOR CARRYING WEAPONS OR VIOLENT BEHAVIOR

-ISOLATED LOCATION SO OFFICERS ARE UNLIKELY TO RECEIVE IMMEDIATE AID IF ATTACKED

-TIME OF DAY

-REASON FOR DETENTION

-A SIMILAR CURSORY/PAT SEARCH OF A DETAINEES COMPANION REVEALED A WEAPON

-RATIO OF INDIVIDUALS TO OFFICERS

WHAT HAPPENS WHEN OBJECTS ARE DISCOVER?

-IF OFFICERS DISCOVER AN OBJECT DURING A CURSORY/FRISK WHICH OFFICERS BELIEVE IS A WEAPON, DANGEROUS INSTRUMENT, OR HARD OBJECT WHICH COULD CONTAIN OR BE USED AS A WEAPON, THE OFFICERS HAVE A RIGHT TO REMOVE IT FROM THE PERSON.

-DISCOVERED ITEM/OFFICER ACTION

1.LEGAL OBJECTS THAT COULD BE USED AS A WEAPON/ MAY REMOVE IT, KEEP IT UNTIL THE DETENTION HAS CONCLUDED, THEN RETURN IT TO THE SUBJECT

2.A CONTAINER THAT IS CAPABLE OF CONTAINING A WEAPON OR DANGEROUS INSTRUMENT/ THE OFFICER MAY REMOVE AND OPEN THE CONTAINER

*IF CONTRABAND IS DISCOVERED THE OFFICERS SHOULD SEIZE IT, ASK QUESTIONS, AND PLACE THE PERSON UNDER ARREST, AND CONDUCT A FULL CUSTODY SEARCH.

WHAT IS USE OF FORCE OR PHYSICAL RESTRAINTS?

-IF A PERSON ATTEMPTS TO LEAVE DURING A DETENTION, OFFICERS MAY USE REASONABLE FORCE AND/OR PHYSICAL RESTRAINTS TO COMPEL THE PERSON TO REMAIN. THE USE OF FORCE DOES NOT NECESSARILY ELEVATE THE DETENTION TO AN ARREST. UNCOOPERATIVE INDIVIDUALS MAY: